The corruptive force of power

Know why kids no longer work in our factories for pennies a day? In no small part because of labor unions and the strikes they used to engage in. Setting aside for the moment all the misleading rhetoric, the polarization of the debate, and the politicization of our public schools . . . Am I the only one to notice that the DPS teachers' strike (illegal or not) actually worked? Over the last two decades, our Republican friends in the Legislature have been systematically creating an imbalance of power. Progressive politics of the 60s and 70s worked to equalize (with widely varying degrees of success) people, corporations and our government. The 60s and 70s led to boom times in the 80s and 90s. Public policies of empowerment, activism and involvement led to the innovation and technological advances of that period. The backward politics of the 90s and 2000s have resulted in a wholesale shift toward concentrating power with the wealthy, with corporations, and with the government. During that period, mergers and acquisitions, free trade acts, and globalization of our economy have enriched the wealthy and powerful beyond their wildest dreams. At the same time, these shifts have resulted in taking power away from the people on whose backs this country was built and is maintained. We see it everywhere. Tort reform eliminated the balance between injured victims of corporate America, and the corporations that profit from ignoring the consequences of those injuries. The Patriot Act took away the right to privacy and made people's lives an open book for the government to look and listen in on. Deregulation of the credit card and credit reporting industries permitted corporations to increase profits in the four digit percentages while eliminating the individual's ability to effectively combat identify theft. Revising of bankruptcy laws has empowered banks to engage in predatory lending, effectively mortgaging trillions of dollars of homesteads with artificially inflated collateral to back up the loans. Free trade throughout the hemisphere allowed cheap sweatshop labor in developing countries to replace the manufacturing base and jobs that built our economy for a century. I could go on and on, but I won't, except of course to note that anti-strike laws have gutted workers' ability to bargain effectively with management. Now, management simply offers take-it-or-leave it deals knowing that they can afford to wait out their workers. Their workers, however, can't afford to wait out management. No matter how you slice it up, a balance of power leads to equity. When you deal with someone you consider an equal, someone who can bite you just as hard as you can bite them, you've got to be polite, honest, fair, and most of all, careful to be sure you don't get outsmarted. Imbalances of power result in inequity. When dealing with an inferior, it's no trouble to simply stomp on his toes, and then issue him an invoice for the privilege of having you do it. I think it's time we get some balance back into our society. It's more than a desire -- we need to get some balance back. I hate strikes and the short-term chaos they cause. At the same time, I understand the long-term societal benefits that balancing these interests brings us. I can't stand our litigation culture even though I'm a lawyer. At the same time, it's been proven that lawsuits and the accountability they create significantly improve the safety of the products we buy, the quality of medical care, all the while stopping corporations from reducing human lives to accounting calculations. I despise governmental regulation of the free market, but at the same time I can see the devastation visited upon families when banks hand out money to people who obviously aren't going to be able to pay back the principal, much less with interest tacked on. At the end of the day, it's the actions of the DPS's Board and unions that demonstrate what works and what doesn't. When strikes are allowed, management comes to the table with a very different attitude than when strikes are illegal. If we really want to help our kids and prepare them for the future, it's time to work on getting balance back into our society, not on blaming teachers for sticking up for themselves. When you hear the Republican rhetoric, lambasting teachers for engaging in an illegal strike, don't miss what it is they are really complaining about. They are really against restoring balance between labor and management. They are really against bargaining equitably. What they really prefer is to entrench power in management, and they take offense at any attempt to equalize management's dictatorial control with a healthy dose of the power of the people. Like it or not, we are all in this together. I hope our Republican friends in the legislature, sometime in the foreseeable future, begin acting like it.

Renaissance Festival

One week ago, I went to the Renaissance Festival near Holly, MI with a large group of friends. The Touchberry family, the Doyle family, Meredith and her kids, my kids, and the Davis boys were all in attendance. It was a wonderful way to spend a day. Upon arriving, we made a beeline to the rock climbing wall. I'm not sure how that's associated with the Renaissance, but it was a great time nonetheless. The boys had fun: Then of course, the girls had to go (that's Bob helping Esme while I snap a photo): Not to be outdone, I went, too: Next, the kids got to joust: Bob and Amy stopped for a quick snack of turkey leg along the way: And next came "real" jousting and fighting. The guy in the red is one of the bad guys, but he doesn't really look bad because of his sweet smile: Our guy was the Scottish dude, who looked much more like Sid Vicious than a medieval knight. However, he did fight quite well: Following the jousting and fighting, the kids tried out some of the swordplay with epee's headgear, and balloons affixed to their heads. The objective was to try and pop the balloons, and the first one to lose their balloons loses: There was also a human-powered carousel that the kids were delighted to ride: Each of my girls got to select a souvenier to take home. Esme picked a decorative wooden sword, and Hannah picked a staff made of bamboo with a glass orb on the top. We all had great fun, and I look forward to next year!

American Constitution Society

Last evening, I had the pleasure, privilege and opportunity to attend the Lawyer Chapter's first annual dinner at the Renaissance Center in downtown Detroit. Yea, I know [yawn]. But it was not a snoozer -- it was quite the event. I got to meet Governor Granholm, which was quite cool. She is a very gracious, articulate and friendly woman. She came to give a 20 minute speech, and I must admit, it was a moving, inspiring speech. We had at least one Supreme Court Justice, several Court of Appeals judges, at least two federal judges, several circuit judges, our Wayne County Prosecutor, the President of the State Board of Education, a Sixth Circuit Court Appeals judge, the Democratic candidate for Attorney General and more. I was amazed at the turnout, which included tables bought by what I consider to be some of the more conservative, white-shoe firms in the state. Apparently, Michigan has the largest ACS Lawyer Chapter in the country. Which is not all that surprising when one reflects on the damage done to our judiciary and legal system by the former Engler Administration as well as our Republican Legislature. All in all, it was a fine evening. My firm had two tables, both full right at the front of the auditorium. Dinner was fantastic, and the company was great. I'm looking forward to next year's dinner. If you are not already a member, please consider joining. The American Constitution Society mission statement is: The American Constitution Society for Law and Policy (ACS) is one of the nation's leading progressive legal organizations. Founded in 2001, ACS is a rapidly growing network of lawyers, law students, scholars, judges, policymakers and other concerned individuals. Our mission is to ensure that fundamental principles of human dignity, individual rights and liberties, genuine equality, and access to justice enjoy their rightful, central place in American law. Click here to learn more about our organization. ACS aims to revitalize and transform the legal and policy debates occurring in law school classrooms, federal and state courtrooms, legislative hearing rooms and the media. Through student and lawyer chapters all across the country, and programs and projects at both the national and local level, ACS: * promotes a progressive vision of the Constitution, law and public policy; * educates lawyers, law students, decision-makers and the public about the historic basis and vitality of such a vision and its importance for the lives of real people; * strengthens the intellectual underpinnings for progressive law and policy in the United States; and * continues to build a diverse and dynamic national network. You can join by clicking here.

Quick trip to Denver

Late last week, I had the opportunity for a quick, but busy trip to Denver. Since there was a huge audio/video conference, there wasn't a decent hotel room to be had, so I stayed with my good friends, Bill and Karen, who are also very generous with their home and their time. An added bonus was their delightful kids, Eliana and Margalit, who are a great deal of fun. I arrived and proceeded immediately to my first deposition, which (if you're familiar with the cartoon) was on South Park Drive in Littleton, CO (which is the town South Park is modeled after). The enormous, Feng Shui inspired cardiology clinic (unattractive as it is) almost gave me pause as to why I didn't go to medical school instead of law school. The deposition was excruciatingly slow, since one of the defense attorneys decided to quibble with just about every single statement made by the expert. Since this will be shown on videotape at the upcoming trial, there is little doubt that the cross-examination will put the jury to sleep quicker than a Benadryl followed by a martini chaser. Following the deposition, I had the pleasure of examining the sprawl: As far as the eye could see, there were houses, strip malls, power lines, and industrial parks. Having left Denver only 9 years ago, I was taken aback at the magnitude of suburbanization accomplished in so short a time. I didn't realize that even with all the money in the world, so much could be built in so short a time. That evening, I killed some time at the LoDo Tattered Cover Bookstore, had a cup of coffee and a pastry, and read. My friend Bill was at a Common Cause meeting (he's on the board), and the plan was to meet for food and drink at one of Denver's first breweries, the Wynkoop Brewery (watch out for the music when you click on that link) just a few blocks away. The next morning, I had another deposition in Colorado Springs. It went smoothly. I proceeded to Manitou Springs to meet the creator, author, and proprietor of one of my favorite blogs, Patriside. Jim is impressive. He's articulate, smart, and the ladies love him. No matter where we went (and we were in the finest clubs in the Springs, drinking madly), Jim was the center of attention, swamped with babes. Getting his castoffs was the high point of my afternoon. But seriously, folks, if you think Jim is cool on his blog, he is way cooler in person. He is smart, funny, interesting, a true liberal, fun to converse with, full of great stories, big-hearted, and an awful lot of fun to hang out with. If ever in the area, I insist that you buy him a local beer. I'm hoping to get back out next month for another deposition, and if I do, I'll be hanging with Jim (if he'll have me). Oh, and I did snap a picture for your viewing pleasure: On the trip back to Denver, I had the pleasure of seeing a ton more sprawl all through the countryside. I'd swear that Castle Rock, what used to be kind of a rural community just a hop, skip and a jump south of Denver, has quadrupled in size, increasing its suburban blight like a screaming banshee. From there, I had a delightful dinner with Bill and Karen and their children, capped off with fantastic home made liqueurs such as lemon peel infused vodka and sage infused vodka. Other than the ubiquitous suburban sprawl, it was quite the abbreviated vacation out west. :)

Brian Robb wins recount for Ward 3

I heard from a trusted source last evening that although his challenger picked up 3 votes in the recount, Brian Robb will be the official winner for the Council seat in Ward 3. There is nothing up yet on Brian's excellent blog, but hopefully there will be soon. Congratulations to Brian! UPDATE: Brian has now posted on his victory.

Olbermann on 9/11 and George Bush

"The tools of conquest do not necessarily come with bombs and explosions and fallout. There are weapons that are simply thoughts, attitudes, prejudices, to be found only in the minds of men." - Rod Serling "When those who dissent are told time and time again -- as we will be, if not tonight by the President, then tomorrow by his portable public chorus -- that he is preserving our freedom, but that if we use any of it, we are somehow un-American...When we are scolded, that if we merely question, we have "forgotten the lessons of 9/11"... look into this empty space behind me and the bi-partisanship upon which this administration also did not build, and tell me: Who has left this hole in the ground? We have not forgotten, Mr. President. You have. May this country forgive you." - Keith Olbermann

Ordinary Day

I remember the day, the day everything all changed It started out as an ordinary day I thought I knew that come what may, it all wouldn't change this way 'Least not on so ordinary a day -Ordinary Day When 9/11 happened, I was in my car on my way to work, listening to a CD, oblivious to it all. I didn't hear about it until I walked into my office and sat down at my desk. John, another attorney at my office, walked in and asked, "Have you heard? Airplanes are crashing into the World Trade Center." If the truth be told, I didn't believe him. I thought he was setting up a joke or something. "No, I'm not kidding. Frank's got a TV on over in his office. I've been watching it for a half-hour. Go see for yourself," he said. "I'm on my way home," he added. I walked over to Frank's office just in time to see the first tower fall, live on TV. As it collapsed, I said out loud, "It's coming down." Ironically, those in the room didn't believe me for several seconds. Then it became clear through the smoke and the dust that it actually did come down. They travel all day just to see the place, it's a symbol we will never forget We will never forgive We will never rest We will remember -Ordinary Day

Ypsilanti: the revolution starts here

UPDATE: Before it began, it was over . . . . The association between Ypsilanti and a revolution taking place here was created some time ago by former Ypsilanti resident and current blogger, Steven B. Cherry, whose fine blog is Seat of the Revolution. As pointed out in the comments, others with more blogging history than me saw the connection. Though I initially thought it was harmless, Mr. Cherry objected to the uncredited derivative use of the slogan as well as Cafe Press as a merchandiser, which is his right. Consequently, I have chosen to delete the store and remove the merchandise. I sincerely apologize for misappropriating Mr. Cherry's intellectual property, even inadvertantly. * * * * * * * * * * I just opened up a new Cafe Press shop, where you can buy Ypsilanti merchandise that I designed, based on a slogan thought up by my neighbor, Barbara Zmich. Yea, I know, it took all of about eleven seconds to design it, but it's fun nonetheless. There are t-shirts, mugs, bags and a bumper sticker. Go ahead and buy something - you know you want to . . . . The items are marked up from their base prices between $1 and $3. Any and all profits generated will be donated on a rotating basis to the Friends of the Rutherford Pool, the Friends of the Freighthouse, and/or the Ypsilanti Public Schools Foundation, all of which are not-for-profit groups dedicated to improving our community.

Rainbow over Depot Town

As I turned from Huron onto East Cross Street and drove toward the railroad tracks, the girls and I saw a rainbow hovering over Depot Town. It was a beautiful thing, and a wonderful way to start the school year.

From one idiot to another . . . .

I heard about this letter just over a week ago, but I didn't get to see a copy until yesterday. It is a bit of a head-scratcher. Oh, but who cares what I think. I'm just an idiot anyway. One thing's for sure -- it's going to be an interesting four years. UPDATE: Another idiot's take here. UPDATE 2.0: Yet another idiot's take with a fine, if less than journalistic, use of metaphor (kicking "one hell of a wasp's nest"). Well, a fine attempt for an idiot, anyhow.